2014 - 2017 AGREEMENT
PROFESSIONAL MANAGERS ASSOCIATION
AND THE
TOWNSHIP OF EAST BRUNSWICK
TABLE OF CONTENTS
ARTICLEPAGE
I Recognition2
II Dues Check-Off and Representation Fee3
III Negotiation Procedure5
IV Grievance Procedure6
V Association Rights and Privileges8
VI Statement of Policy Against Discrimination9
VII Salaries10
VIII Part-Time Employees11
IX Vacations12
X Death in Family14
XI Health and Insurance Benefits15
XII Holidays18
XIII Personal Days19
XIV Longevity Pay20
XV Sick Leave21
XVI Clothing Allowance24
XVII Management Rights25
XVIII Miscellaneous26
XIX Severability27
XX Terms of Agreement28
XXI Duration of Agreement29
Appendix A30
Appendix B31
Schedule B32
2014-2017 AGREEMENT
PROFESSIONAL MANAGERS ASSOCIATION
AND THE
TOWNSHIP OF EAST BRUNSWICK
THIS AGREEMENT made this 25th day of November in the year 2013 by and between the TOWNSHIP OF EAST BRUNSWICK, hereinafter referred to as the Employer, and the EAST BRUNSWICK PROFESSIONAL MANAGERS ASSOCIATION, Affiliated with Local 153, OPEIU, hereinafter referred to as the Association, has been created for the purpose of harmony and mutual understanding between the Employer and members of the Association, in order that continuous and efficient service be rendered to the community.
WITNESSETH:
WHEREAS, the Employer and the Association have conducted negotiations in good faith with respect to terms and conditions of employment;
IT IS AGREED AS FOLLOWS:
ARTICLE I
RECOGNITION
SECTION A. The Employer hereby recognizes the Association as the exclusive representative for collective negotiations with respect to rates of pay, wages, hours of work, and other conditions of employment for all employees represented by said Association whose titles are set forth in Appendix A.
SECTION B. Included in the negotiating unit shall be all professional and non-professional primary level supervisors, as defined by the New Jersey State Employment Relations Commission, employed by the Township of East Brunswick, excluding the Comptroller.
SECTION C. Excluded from the negotiating unit shall be all managerial executives, confidential employees, police employees, craft employees, blue collar employees, white collar employees, and all other employees employed by the Township of East Brunswick.
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ARTICLE II
DUES CHECK-OFF AND REPRESENTATION FEE
SECTION A. The employer agrees to check off Association dues and assessments uniformly arrived at and turn over such money to the duly elected Treasurer of the Association bi-monthly. The Association will file authorization forms with the employer, signed by each employee prior to such deduction.
SECTION B - PURPOSE OF FEE: If a member of this bargaining unit does not become a member of the Association during any membership year which is covered by this Agreement, in whole or in part, said employee will be required to pay a representation fee to this Association for that membership year. The purpose of this fee will be to offset the employee's per capita cost of services rendered by the Association as majority representative.
SECTION C - AMOUNT OF FEE:
Notification
Prior to the beginning of each membership year, the Association will notify the Finance Director in writing of the amount of regular membership dues, initiation fees, and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will be up to eighty-five percent (85%) of that total amount.
SECTION D - DEDUCTION AND TRANSMISSION OF FEE:
1.Notification
Once during each membership year, covered in whole or in part by the Agreement, the Association will submit to the Finance Director a list of those employees who have not become members of the P.M.A. for the then current membership year. The Township will deduct from the salaries of such employees, in accordance with paragraph 2 below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Association.
2.Payroll Deduction Schedule
The Township will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforementioned non-member list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:
(a)Ten (10) days after receipt of the aforementioned non-member list by the Finance Director, or
(b)Thirty (30) days after the employee begins his or her employment in a bargaining unit position, unless the employee previously served in a non-bargaining unit position and then became covered by this Agreement, or was laid off, in which event the deductions will begin with the first paycheck paid to said employee after the resumption of the employee's employment in a bargaining unit position.
3.Termination of Employment
An employee who is terminated for any reason shall only pay that portion of the annual fees of the Association due in equal installments to the date of termination.
4.Mechanics
Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues. The Township will provide a list with each transmission of fees listing current members and those paying the representation fee.
5.Changes
The Association will notify the Finance Director in writing of any changes in the list of non-members provided for in paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Finance Director received said notification.
6.New Employees
The P.M.A. will be informed of the employment of each individual eligible for membership in the Association.
7.Hold Harmless
Provided the employer has met its obligations pursuant to this Article, the Association shall hold the employer harmless against any and all claims.
ARTICLE III
NEGOTIATION PROCEDURE
SECTION A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with law.
SECTION B. The final Agreement of the negotiating representatives will be submitted to the Mayor and Township Council and the members of the East Brunswick Professional Managers Association for ratification, decision, or vote. Any agreement of the parties shall be reduced to writing and shall become binding.
SECTION C. No provision of this Agreement may be changed, supplemented or altered, except as agreed to by both parties in writing.
ARTICLE IV
GRIEVANCE PROCEDURE
SECTION A - DEFINITIONS:
1.A "grievance" shall be any difference of opinion, controversy, or dispute arising between parties involving interpretation or application of any provision of this Agreement, including Article XVII, Management Rights.
2.Grievances arising out of the application, interpretation, and alteration of managerial policies and rules and regulations which do not affect mandatorily negotiable terms and conditions of employment and are management prerogatives and non-mandatory subjects for negotiations and grievances arising out of the application or interpretation of statutes or administrative regulations expressly or impliedly incorporated in this Agreement may not proceed to binding arbitration.
SECTION B - PROCEDURE:
A grievance shall be processed as follows:
A grievance must be presented no later than twenty (20) calendar days after the grievance arises or after the aggrieved employee may reasonably be presumed to have knowledge of the matter causing the grievance, whichever occurs later. The time limitations in this Article are of the essence and not merely procedural. No grievance shall be entertained or processed unless it is filed within the time limits set forth in this Section.
All references to days herein shall mean working days, except as set forth above, exclusive of Saturdays, Sundays, and holidays.
No response to a grievance at any Step in the procedure shall be deemed a denial entitling the Association to proceed to the next Step of the Procedure.
All employees shall continue to observe all assignments and rules and regulations during the pendency of a grievance and until it is finally determined, except where an imminent danger to safety and health exists.
Grievances shall only be processed on the approved form mutually agreed upon by the parties for such purpose.
STEP 1:The grievance shall be reduced to writing by the Association and submitted to the Department Director. The answer to such grievance shall be in writing to the Association and shall be provided within ten (10) days of the submission of the grievance. The written grievance must set forth in reasonable detail the facts underlying the grievance, related contract provisions at issue, and the relief sought.
STEP 2:If the grievance is not settled at Step 1, then the Association shall, within ten (10) days of the due date of the Step 1 response, submit the grievance to the Business Administrator. The written grievance must set forth in reasonable detail the facts underlying the grievance, related contract provisions at issue, and the relief sought. A written response shall be provided by the Business Administrator within ten (10) days of its submission.
STEP 3:If no settlement of grievance has been reached by the parties at Step 2, and the grievance is not within the meaning of Section A(2), the Association shall have the right to submit the unresolved grievance to binding arbitration. However, the request for arbitration must be initiated within twenty (20) days of the time the answer was received from the Business Administrator (or considered due in Step 2). The Association shall make written application to the New Jersey Public Employment Relations Commission requesting that an arbitrator be appointed to hear the grievance in accordance with its rules and make a final determination. The arbitrator can add nothing to nor subtract anything from the agreement between the parties. The decision of the arbitrator shall be in written form setting forth findings of fact, reasons, and conclusions and shall be submitted to the employer and to the Association. It shall be binding and final on the parties.
SECTION C.
The cost of fees and expenses of the Arbitrator shall be shared equally by the Association and the employer. It is agreed that any arbitrator appointed pursuant to this Agreement may not in any way alter the provisions of this Agreement. Furthermore, the right to request arbitration shall be limited to the Association.
SECTION D.
If either or both parties desire a verbatim record of the proceedings, it may cause a record to be made, and the cost of such record shall be either equally borne by the parties or borne by the party requesting the record.
ARTICLE V
ASSOCIATION RIGHTS AND PRIVILEGES
SECTION A. - INFORMATION: Management agrees to provide all relevant information, in response to reasonable requests, pertaining to the employees' terms and conditions of employment as articulated in this Agreement and as may be necessary for the Association to process any grievance.
SECTION B. - RELEASE TIME FOR MEETINGS: Whenever any representative of the Association or any other employee covered by this Agreement is required or scheduled to participate during working hours in negotiations, grievance proceedings, conferences, or meetings, he/she shall suffer no loss in pay or any other contractual benefit to which he is entitled, such as vacation time or personal leave, etc. Such activities shall be scheduled by or be scheduled with the approval of the Administrator or his/her designee(s). Approval shall not be unreasonably withheld.
SECTION C. - USE OF MUNICIPAL MEETING ROOMS: The Association and its representative may schedule the use of municipal meeting rooms at all reasonable hours.
SECTION D. - USE OF EMPLOYER'S EQUIPMENT: The Association may use the Employer's office equipment, excluding supplies, as may be needed at reasonable times, when such equipment is not otherwise in use. This use shall be arranged and approved by the Administrator and/or his/her designee(s). Such approval shall not be unreasonably withheld.
ARTICLE VI
STATEMENT OF POLICY AGAINST DISCRIMINATION
SECTION A.The Employer and the Association both agree that they shall not discriminate against any employee because of race, color, sex, marital status, military service, national origin, political affiliation, age, or physical disability (except where age or physical disability constitute a bona fide occupational qualification) and the parties further agree that no employee shall be discriminated against or interfered with because of Association activities or the lack thereof.
Any employee that believes that he/she has been discriminated against may confidentially file a complaint directly to the Affirmative Action Officer or Administrator rather than follow the normal grievance procedure, if the employee prefers.
SECTION B.Where the word "he", "she", "him", or "her" are used in this Agreement, it shall mean both sexes.
ARTICLE VII
SALARIES
SECTION A.
The following wage increases shall be effective:
2014201520162017
2% 2% 2% 2%
Pay periods may be twice monthly at the discretion of the Township.
ARTICLE VIII
PART-TIME EMPLOYEES
SECTION A.Regular part-time employees shall be defined as employees who work twenty (20) hours per week or more, whose salaries are budgeted in sub account 102, and who have successfully completed their probationary period. Temporary employees who worked more than twenty (20) hours per week for six (6) consecutive months and who are budgeted at twenty (20) hours or more in the following fiscal year, shall receive the same benefits as a regular part-time employee.
SECTION B.Regular part-time employees of the Employer ,who are included in the Association, shall receive the following pro-rata fringe benefits:
1.Sick Leave
2.Vacation Days
3.Personal Days
4.Leave Because of Death in Family
5.Holidays
6.Clothing Allowance (where applicable) pursuant to Article XVI.
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ARTICLE IX
VACATIONS
SECTION A.
1.For employees hired prior to January 1, 1997 the following vacation schedule is agreed to and shall be taken in units of full days or half days:
0-1 year of completed service...... 83 work days/month
Start of 2nd year to end of 5th year of completed service...... 11 work days
Start of 6th year to end of 9th year of completed service...... 16 work days
Start of 10th year to end of 14th year of completed service...... 21 work days
Start of 15th year to end of 19th year of completed service...... 26 work days
Start of 20th year to end of 24th year of completed service...... 31 work days
Start of 25th year and over...... 36 work days
2. For employees hired on or after January 1, 1997 the following vacation schedule is agreed to and shall be taken in units of full days or half days:
0-1 year of completed service...... 83 work days/month
Start of 2nd year to end of 5th year of completed service...... 10 work days
Start of 6th year to end of 9th year of completed service...... 15 work days
Start of 10th year to end of 14th year of completed service...... 18 work days
Start of 15th year to end of 19th year of completed service...... 20 work days
Start of 20th year to end of 24th year of completed service...... 25 work days
Start of 25th year and over...... 30 work days
3. For employees hired on or after April 26, 2010, the following vacation schedule is agreed to and shall be taken in units of full days or half days:
0-1 year of completed service...... 66 work days/month
Start of 2nd year to end of 5th year of completed service...... 10 work days
Start of 6th year to end of 9th year of completed service...... 12 work days
Start of 10th year to end of 15th year of completed service...... 15 work days
Start of 16th year to end of 19th year of completed service...... 18 work days
Start of 20th year and over...... 20 work days
SECTION B. For the purpose of computing years of service, any employee whose employment commences between January 1 and July 1 (for employees hired after 6/1/86) or January 1 and October 1 (for employees hired prior to 6/1/86) shall be credited with a full year of service and previous permanent part-time employment with the Employer shall be accumulated and the employee shall be given credit for an equivalent amount of full-time employment.
SECTION C. Whenever a full-time employee leaves the Employer's employ for active duty in the military service of the United States or receives a leave of absence with pay, the period of active duty or leave of absence shall be included in computing years of service. With regard to unpaid leaves of absence, accrual shall be determined as follows: Unpaid leave may or may not affect the vacation accrual of the employee. The determining factor shall be whether or not said leave takes the employee beyond the benchmark date for accrual as specified in Article IX, Section B. Should the leave extend beyond such date, accrual should be postponed for one year.
SECTION D. Vacation leave for the forthcoming year shall be accrued and be credited to each permanent employee on January 1 of each year.
SECTION E. Accumulation of vacation leave beyond that earned in a twelve (12) month period shall be permitted to carry over automatically to the following year. No employee shall be permitted to accumulate more than thirty (30) days of unused vacation leave. Vacation leave, subject to the approval of the Department Head, may be taken from time to time in units of full or half days.
SECTION F. At the time of separation, an employee shall be entitled to payment for unused vacation as follows:
It is understood and agreed that upon separation, an employee shall only be paid for a maximum of 30 days, plus any days that may have been accumulated on a pro-rated basis during the final year of employment.
SECTION G. An employee shall not be eligible for vacation leave unless he has been employed for six (6) consecutive months or more.
SECTION H. If management has any resources available, the employee shall have the right to sell back unused vacation days at fifty (50%) percent of the employee's current rate of pay. This program shall be initiated, if at all, solely at the discretion of management on or about November 1 of each calendar year.
SECTION I. In the event that a holiday designated in Article XII falls during an employee's vacation, that day shall not be charged as a vacation day.
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ARTICLE X
DEATH IN FAMILY
SECTION A. The employer agrees that immediately upon a death in the employee's immediate family, the employee will be granted four (4) working days off with pay.
SECTION B. The definition of immediate family includes the employee's spouse, child, mother or step-mother, father or step-father, brother, sister, grandparent, great-grandparent, grandchild, son-in-law, daughter-in-law, and the brother, sister, parent, and grandparent of their spouse.